Court No. - 4
Case :- WRIT - C No. - 39098 of 2019 Petitioner :- M/S. J.M. Housing Ltd. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devesh Saxena Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Devesh Saxena, learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Vinayak Nath Singh, Advocate holding brief of Sri Kaushalendra Nath Singh, learned counsel for the respondent nos. 2 and 3.
At the very outset our attention has been drawn to an order passed by another coordinate Bench of this Court in WRIT- C No. 33089 of 2019 (M/S Celebrity Realcon Pvt. Ltd. v. State of U.P. and 2 others), wherein certain directions have been issued. The material part of the order reads as under:
"Learned counsel for the respondents has no objection to the last submission made by the learned counsel for the petitioner.
Be that as it may, no fruitful purpose will be served in keeping the writ petition pending before this Court.
We direct New Okhla Industrial Development Authority (NOIDA), Sector- 6 NOIDA- Gautam Budh Nagar (UP) through its Chief Executive Officer, respondent-2 to decide the representation dated 9.10.2019 (Annexure- 15 to the writ petition) within stipulated time, preferably within a period of two months from the date of production of certified copy of this order before the authority concerned.
For a period of two months or till disposal of the representation of the petitioner, whichever is earlier, no coercive action shall be taken against the petitioner.
The petitioner undertakes to serve certified copy of this order before the concerned authority within ten days from today.
We make it clear that we have not decided the case on its merit and the concerned authority shall decide the case in accordance with law without being influenced of this order. With the aforesaid observations, the writ petition stands disposed of."
The parties are not in conflict of the facts. Hence, this writ petition is also disposed of in terms of the aforementioned order passed in WRIT- C No. 33089 of 2019.
No order as to costs.
Order Date :- 29.11.2019 KS